- The Government has direct the public not to move from house during the corona-virus outbreak , and due to this reasons all the services has been stopped.
- Hence your delay of payment is caused by the Force Majeure , and not malafidely , which is out of your reach and control.
- Since you have entered into a contract after signing an agreement with the seller , and thereby you bond yourself with the clauses mentioned therein .
- As per law, A breach of contract occurs when one party fails to fulfill its agreement according to the terms of the contract , and the other party fulfills its obligations, the performing party is entitled to legal remedies for breach of contract.
- But,if the breach inevitably occurs due to something neither party has control over such as a natural disaster that affects one or both party of the contract , or the ongoing COVID-19 outbreak, then it will not come under the definition of the Breach of contract.
- Hence, the blackmailing in the garb of delay by the seller is against the law, and a complaint can be filed against him for blackmailing and breach of trust and other provision of IPC
- You should send a legal notice even via mail, to the seller after stating the trouble faced by you due to lockdown.
- If the seller cancelled the agreement , then you can file a suit for performance for the execution of sale deed in your favour.